II
Calendar No. 540
111th CONGRESS
2d Session
H. R. 129
[Report No. 111–270]
IN THE SENATE OF THE UNITED STATES
July 20, 2009
Received; read twice and referred to the Committee on Energy and Natural Resources
August 5, 2010
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
AN ACT
To authorize the conveyance of certain National Forest System lands in the Los Padres National Forest in California.
Land conveyance authority, Los Padres National Forest, California
Conveyance authority
Subject to valid existing rights, the Secretary of Agriculture may convey to the White Lotus Foundation all right, title, and interest of the United States in and to the real property within the Los Padres National Forest in California described in subsection (b).
Description of property
The real property subject to conveyance under this Act
is certain land located in Santa Barbara County, California, consisting of
approximately 5 acres, as shown on the map titled San Marcos Pass
Encroachment for Consideration of Legislative Remedy
, dated June 1,
2009.
Survey
The exact acreage and legal description of the real property to be conveyed under this Act shall be determined by a survey satisfactory to the Secretary.
Valuation
Any appraisal of the real property to be conveyed under this Act shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary.
Consideration
Consideration for conveyance of real property under this Act shall be in an amount not less than the appraised fair market value.
Treatment of proceeds
The gross proceeds
from the conveyance of real property under this Act shall be deposited in the
fund established by
Public Law
90–171 (commonly known as the Sisk Act
;
16 U.S.C.
484a). The amount so deposited shall be available to the
Secretary, without further appropriation, for expenditure in the Los Padres
National Forest.
Pre-existing rights
As a condition of the conveyance authorized under subsection (a), the Secretary shall require the White Lotus Foundation to continue to allow existing access to any roadway that may be conveyed by this Act.
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance under this Act as the Secretary considers appropriate to protect the interests of the United States.
Survey and administrative costs
The White Lotus Foundation shall pay the
reasonable costs of
survey, appraisal, and any other administrative costs associated with the conveyance.
Definitions
In this Act:
Federal land
The term Federal land means the approximately 5 acres of National Forest System land in Santa Barbara County, California, as generally depicted on the map.
Foundation
The term Foundation means the White Lotus Foundation, a nonprofit foundation located in Santa Barbara, California.
Map
The
term map means the map entitled San Marcos Pass
Encroachment for Consideration of Legislative Remedy
and dated June 1,
2009.
Secretary
The term Secretary means the Secretary of Agriculture.
Land conveyance
In general
Subject to the provisions of this section, if the Foundation offers to convey to the Secretary all right, title, and interest of the Foundation in and to a parcel of non-Federal land that is acceptable to the Secretary—
the Secretary shall accept the offer; and
on receipt of acceptable title to the non-Federal land, the Secretary shall convey to the Foundation all right, title, and interest of the United States in and to the Federal land.
Applicable law
The land exchange authorized under subsection (a) shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Time for completion of land exchange
It is the intent of Congress that the land exchange under subsection (a) shall be completed not later than 2 years after the date of enactment of this Act.
Authority of Secretary to conduct sale of Federal land
If the land exchange under subsection (a) is not completed by the date that is 2 years after the date of enactment of this Act, the Secretary may offer to sell to the Foundation the Federal land for fair market value.
Additional terms and conditions
The land exchange under subsection (a) and any sale under subsection (d) shall be subject to—
valid existing rights;
the Secretary finding that the public interest would be well served by making the exchange or sale;
any terms and conditions that the Secretary may require; and
the Foundation paying the reasonable costs of any surveys, appraisals, and any other administrative costs associated with the land exchange or sale.
Appraisals
In general
The land conveyed under subsection (a) or (d) shall be appraised by an independent appraiser selected by the Secretary.
Requirements
An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Disposition of proceeds
In general
The Secretary shall deposit in the fund established under
Public Law 90–171 (commonly known as the Sisk Act
) (16 U.S.C.
484a) any amount received by the Secretary as the result of—
any cash equalization payment made under subsection (b); and
any sale carried out under subsection (d).
Use of proceeds
Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Los Padres National Forest.
Management and status of acquired land
Any non-Federal land acquired by the Secretary under this Act shall be managed by the Secretary in accordance with—
the Act of March 1, 1911
(commonly known as the Weeks Law
) (16 U.S.C. 480 et seq.);
and
any laws (including regulations) applicable to the National Forest System.
August 5, 2010
Reported with an amendment